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Louisiana Real Estate Law Questions & Answers

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on

Q: What are my rights re: succession eviction and disability in the State of Louisiana?

84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... Read more »

Sye J Broussard answered on Jun 15, 2019

Generally, an heir cannot be evicted from a house they are in possession of since they are a co-owner. You need a lawyer to make sure your rights are protected from an unauthorized eviction.

2 Answers | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for Louisiana on

Q: In a BFD, what are seller's rights when it comes to buyer damage to the property & missing payments every month?

Buyer's real estate agent has taken advantage of my elderly parents since the start. Buyer has failed to make payments on time every month since signing. 45 days have been given each time. The contract said for improvements to be made to houses and property. None have been made. Rather the houses... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Contact a Louisiana real estate lawyer to help the sellers enforce the contract.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on

Q: A Lien was placed on my deceased fathers home with no proof that the money is owed but their attorney will not remove it

After his death me and my siblings were awarded the estate. His wife remodeled the house before listing it not realizing that it wasn't her property. The person that did the work was her nephew. They placed the Lien on the property and their attorney refuses to remove it. He has been given since... Read more »

Ellen Cronin Badeaux answered on May 21, 2019

Hire a real estate attorney

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on

Q: Can not deliver original petition by Marshall or PI in Louisiana after four documented attempts. What is my next step?

Missed rent payments, destroyed the property. Got evicted. Incorrect forwarding address, stopped ? working in Louisiana.

Bruce Alexander Minnick answered on Apr 3, 2019

Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on

Q: Trying to serve an original petition. Marshall and private investigator did not find the person. How do I proceed?

Petition for not paying rent and destroying the property. Received incorrect forwarding address, person stopped working in the state. Four time unsuccessful delivery attempts documented.

Bruce Alexander Minnick answered on Apr 3, 2019

Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for Louisiana on

Q: If im parked on the street in a subdivision. A empty lot with no building. A lot across the street guy has gun

Asks what im doing parked in the street. Says he's calling the police. There are no no parking signs. It is a public street.

If I chose to stay and talk with police what happens

Ellen Cronin Badeaux answered on Feb 20, 2019

Parking on a public street is not a crime.

1 Answer | Asked in Bankruptcy and Real Estate Law for Louisiana on

Q: I have several judgements, can I sell my house?

My ex-husband and I have several Judgements. We want to sell our house, can we get a clear title? Also someone told him something about reestablish money? That they can't touch the first 50k of any equity we have in the house.

Timothy Denison answered on Jan 16, 2019

You need to have the title on your house examined. If there are no liens, you can file it free and clear. If there are liens, you can sell it but the liens would be paid first.

1 Answer | Asked in Real Estate Law, Family Law and Foreclosure for Louisiana on

Q: My mom died when I was young and my uncle is trying to sell the house I used to live in? Is that legal and isit my house

I used to live with my mom (parents never married) and my mom died when I was 10. The house I used to live in was just me and my mom and I think my late grandfather MAY have been Co owner. I moved in with my dad till the age of 18. My uncle (grandfather's 1st wife's son), moved into the house while... Read more »

Ellen Cronin Badeaux answered on Dec 6, 2018

Call or go to the mortgage and conveyance office for the parish in which the house was located and find out who does own it. If your Mom or grandfather was an owner, then you need to hire a succession attorney.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Louisiana on

Q: If mother left succession and it states grandson having a usufruct of home can the daughters try and sell home even if a

All five don't agree to sell 3 do and 2 don't

Douglas Lee Bryan answered on Oct 26, 2018

The daughters can't do anything with the property that wouldn't be subject to the usufruct. In other words, it would be hard to find a buyer, other than perhaps another family member, that would purchase it knowing that the purchase would be subject to the grandson having a right of use.

1 Answer | Asked in Real Estate Law and Criminal Law for Louisiana on

Q: Does the taxes hafto be paid to use property bond

Ellen Cronin Badeaux answered on Oct 22, 2018

Mortgage encumbered part of equity. Tax lien encumbered part of equity. If not enough equity left ovwr, then can't use property for property bond.

1 Answer | Asked in Criminal Law and Real Estate Law for Louisiana on

Q: My son is a drug addict and deals drugs. He hit and shook me, I called the police and blocked his number. He got so mad

He threatened to burn my house down. He got evicted and brought his camper and parked it in my front yard after I said no

What can I do to make him leave.

Ellen Cronin Badeaux answered on Oct 11, 2018

Call the Sheriff for your parish, threatening to burn your house down, dealing drugs, harassing you and shaking you are all criminal offenses. Then after he is arrested, just have his camper pushed out onto the street.

1 Answer | Asked in Real Estate Law and Probate for Louisiana on

Q: My sister passed in June she had no will, has an equity mortgage. I want to sell the property and pay of her debit.

I need help understanding what needs to be done. I tried talking to the bank with no resolution.

Douglas Lee Bryan answered on Oct 2, 2018

A succession will need to be opened. You should speak with an attorney who handles succession matters in Louisiana.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on

Q: How can we sell inherited property when 4 of the 8 heirs refuse to buy or sell?

We have had fair offers on the table but have been unsuccessful. One of the heirs is the administrator and he tried before closing succession to get everyone on board to either buy or sell to no avail.

Christie Tournet answered on Sep 17, 2018

You will have to administer the estate, have the court appoint someone as executor/administrator, and then get authority to sell after an offer is submitted in writing and contingent upon court approval. Then, the proceeds are split (after authority from the court, again) either by intestacy law,... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Louisiana on

Q: How long must you legally own a property in the state of Louisiana before reselling? Where is the law defining this ?

Christie Tournet answered on Sep 10, 2018

There is no law requiring that you hold property for a minimum time before re-selling. However, tax consequences could differ on income/capital gains. You should address that scenario, and your specific circumstances, with your CPA.

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on

Q: My husband and I have been married a little over a year. he is on drugs , does not want help. What are my options?

Before we were married i bought a mobile home And put it on his land.both are fully paid for. I’ve known him/his family my whole life i just want this divorce to be as quick, painless, fair as possible.

Ellen Cronin Badeaux answered on Jul 30, 2018

Your options are:

1) divorce based on inebriation,

2) sole management of the community assets,

3) interdiction.

Call a family law attoeney before he runs up some debt with which you can be stuck.

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on

Q: My husband has died three years into a 30 year mortgage on which we both are on. Can I immediately sell?

Am I free to sell to get out from under the mortgage or does it have to go through probate before I can sell? His estate may be getting sued so I have been advised not to go through probate yet, but I don't want to be stuck with this mortgage to pay by myself.

Douglas Lee Bryan answered on Jun 30, 2018

My sincerest condolences on your loss. If your husband's name is on the title to the property, you will likely have to open his succession to sell the property. I would strongly recommend speaking with a probate attorney to discuss this matter with you further.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on

Q: How do we keep neighbors from squatting on land we recently purchased?

We bought 2 acres in St Tammany Parish, LA about 2 yrs ago that the neighbors have “helped themselves” to for several years prior. We can’t keep them off the property (their driveway crosses the property line, they dug a pond that is 80% on our land, and their trampoline and swing set are on... Read more »

Christie Tournet answered on Jun 27, 2018

If your deed and survey show that you own within certain bounds, you can have an attorney send a formal demand, failing which you could also try to file a report of trespass with law enforcement. If the neighbors continue to resist those efforts, you will have no other option than to file suit - a... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on

Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property

I was fighting citi mortgage for over 5 years with a dispute in my modification sign contract, the contract states in full detail that I had a full year before their could Do any changes to my sign contact . Before a month was up they raise it, I refuse to pay it, and they foreclosed and we went to... Read more »

Douglas Lee Bryan answered on Jun 8, 2018

If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Louisiana on

Q: My mother own family property in Louisiana and she is now living in Texas and may be placed in a Nursing Home.

She has 4 living and 2 deceased children, she does not want the property sold but cannot have property in her name if she go into a Nursing Home, what should we do?

Douglas Lee Bryan answered on May 23, 2018

You would need to speak with an attorney familiar with Texas' Medicaid laws to determine what the best step would be.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on

Q: In Livingston Parish, if I paid the property taxes on family owned land, can I claim that land and put in my name?

Christie Tournet answered on May 21, 2018

No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about "family... Read more »

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